Category Archives: Uncategorized

A particularly obvious spin of the revolving door

Oh looky here, another top Shumlin administration has turned in his resignation. This time, it’s Brent Raymond, the chief overseer of (and cheerleader for) EB-5 programs in Vermont. His biggest task has been to kinda-sorta ride herd on the Bill Stenger suite of projects, including a major expansion of his ski resort in the Northeast Kingdom.

And where’s Mr. Raymond going?

Raymond said Monday he has accepted a position working for Mt. Snow and Peak Resorts…. Mt. Snow has a $52 million EB-5 project with the Vermont Regional Center.

… Raymond said as part of his new duties he will be working on Mt. Snow’s EB-5 project.

Small world, isn’t it?

Once again, I am moved to say “This is exactly the kind of thing that makes people think our government is a den of corruption and insider dealings.”

And “This is the kind of thing that illustrates, as if any further illustration was required, the need for an independent state Ethics Commission. And some tougher ethics laws, while we’re at it.”

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Riddle me this, Gasman

On Friday, I had to drive from Montpelier to Burlington. And, since gas is always more expensive in the Queen City and environs, I made sure to fill the tank before I hit the freeway.

But when I got to Burlington, what to my wondrous eyes did appear?

Gas was cheaper. Anywhere from five to 15 cents a gallon cheaper than in Montpelier.

Huh.

This hasn’t happened in, I don’t know, roughly forever. Gas is always more expensive in Burlington.

For years, Bernie Sanders has been alleging price fixing by the four companies that own most of Chittenden County’s gas stations. The companies have consistently denied any collusion — although, it must be noted, they usually bring down their prices for a while after Bernie kicks up a fuss. And then quietly goose them back up once the heat’s off.

Still, no matter how loud Bernie gets, they’ve never actually gone lower than adjacent markets.

So what could have caused this historic price drop?

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A watershed moment for legalization in Vermont

This year, the state legislature did its best to tippy-toe around the issue of marijuana legalization. We heard the usual excuses — the time is not right, it needs more study, we’ve got too much else on our plate — and ended with an expensive consultant’s report sitting on a shelf.

Since then, two rather dramatic things have happened. Two weeks ago, Corrections Commissioner Andy Pallito called for the legalization of marijuana and the decriminalization of personal use of other drugs.

I always knew that guy was a hippie! (Photo from his Facebook page.)

I always knew that guy was a hippie! (Photo from his Facebook page.)

And now, we have a pro-legalization essay by the top Republican in the State Senate, Joe Benning. His piece, posted today on VTDigger, said legalization is inevitable, that marijuana is a useful and “widely popular consumer product,” that legalization would result in “a safer product,” and — here comes the Republican part — it would create “a legitimate, properly regulated industry [that] can only lead to more real, good-paying jobs.”

Well.

Sen. Benning can’t swing the vote on his own since his caucus numbers a mere nine*. The next step in marijuana law is up to the many Weebles in the Democratic majority, who’ve been painfully hesitant on the issue.

*Originally I wrote “seven,” but the good Senator corrected me. Must have stumbled upon outdated numbers in my expert Googling.

But I’d think that Benning’s advocacy would give them an opening to advance legalization. Democrats tend to be thoroughly spooked by the threat of Republican counterattacks on crime issues. And although Benning is only one Republican, he’s a very influential one. His stand ought to inoculate Democrats from GOP attacks.

It’s hard not to see this as a big step toward the death of the costly and ineffective War On Drugs, or at least the death of its most ineffective component, the war on Weed.

Southern Vermont: Journalism-free zone?

A while ago I was chatting with somebody from Seven Days, and I half-jokingly suggested that Vermont’s only financially healthy print publication should think about launching a Southern Vermont Edition. Or at least, including some southern Vermont content within the existing paper. (The Rutland Herald and Times Argus share stories, but what’s front page in one is often on page 5 in the other.)

Well, it might just be go time.

New England Newspapers Inc., has laid off 10 editorial employees in Vermont and Massachusetts.

The company laid off three newsroom staffers at the [Brattleboro] Reformer. Tom D’Errico, the manager of content marketing, Mike Faher, senior reporter, and Pat Smith, the newsroom clerk, were given notice on Friday. On June 12, Michelle Karas, the managing editor of the Reformer and the [Bennington] Banner left earlier to take a job at The Colorado Springs Gazette. The Banner laid off newly hired reporter Jacob Colone, and the [Manchester] Journal let go of Brandon Canevari.

Leaving two papers with “skeleton crews”: three reporters at the Banner and only two at the Reformer, whose coverage of Vermont Yankee has been invaluable to the entire state. And at the Journal, they’re facing a Zen question: what do you call a newspaper with no reporters? That’s right: zero.

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Bob Helm’s blurred face gets more unwelcome airtime

Hey, remember State Rep. Bob Helm’s (R-ALEC) star turn in a hidden-camera video? The one recorded at an American Legislative Exchange Council meeting at a tony Savannah resort?

The one where he happily acknowledged that his expenses had been comped by lobbyists? And further, that he had solicited lobbyist donations for other lawmakers to attend the conference?

Yeah, well, the video has gotten another airing on Atlanta’s Channel 11, which has done a follow-up to its earlier piece on the toxic combo platter of lobbyists, lawmakers, big money and secrecy that characterizes an ALEC conference. This time, investigative reporter Brendan Keefe documented ALEC’s inadequate and misleading response to his original report. He used the opportunity to re-air some absolutely wonderful footage of his encounters with ALEC officials and his ultimate eviction from the hotel — where he was a paying guest — by uniformed sheriff’s deputies doing security for ALEC.

The video is recommended viewing. But here’s a transcript of a key passage, in which Keefe tries to interview a guy who ought to be prepared for such an eventuality — ALEC’s Vice President of Communications, Bill Meierling. The encounter takes place in the opulent lobby of the Hyatt Regency Savannah Hotel, and Meierling’s obvious discomfiture at being buttonholed by a persistent reporter is just wonderful.

Keefe: Can we do an interview with you?

Meierling: Actually, no.

K: Why not?

M: Um, if you’ll please turn the camera off.

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The triumph of low expectations

Well, hooray, we got us a health care bill. It wasn’t looking like it on Friday night and Saturday morning, but Governor Shumlin and top lawmakers finally inked a deal providing a whole three million dollars more for health care reform.

“I wish there were other things we could include,” said Rep. Bill Lippert, chair of the House Health Care Committee. His Senate counterpart, Claire Ayer, called the bill “pathetic.” And single-payer advocate Dr. Deb Richter told VTDigger: “For perspective, $3 million is what we spend as a state on health care in four hours,”

How’d we wind up with $3 million? Ass-backwardly, of course.

At the eleventh hour, health care reform came in last on lawmakers’ list of reasons to raise taxes, behind closing the budget gap and paying enough for clean water that the EPA might, hopefully, get off our backs. As the Governor pushed for fewer tax hikes and more spending cuts, health care was caught in the wringer.

On Friday night and Saturday morning, there were four big bills hanging fire: taxes, spending, economic development, and health care. Health care was a distant fourth. In fact, hallway chatter had it that health care would fall from the agenda, partly because of revenue shyness and partly because any bill would be so small as to not be worth the trouble.

On Saturday morning and early afternoon, as lawmakers and administration officials tried to reach common ground on revenues, it became clear that health care would have to settle for whatever crumbs fell from the conference table.

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How the philosophical exemption was lost

A few weeks ago, the state legislature had apparently decided not to open the Pandora’s box of vaccination policy. The general feeling was, let’s let the 2012 law play out a while longer and see where it goes.

And then, for reasons still unexplained, a couple of key state Senators (Kevin Mullin and John Campbell) grabbed that box and threw it open. They amended a barely-related Health Department housekeeping bill, H.98, to include an end to the philosophical exemption on childhood immunizations. The Senate Health Care Committee gave it a mere two hours of hearings, one for and one against; it sailed through the committee and the full Senate.

Even so, it seemed likely that the House would let the amended bill lie. Leadership decided to have the House Health Care Committee hold hearings on H.98, even though the bill was never officially given to that committee. Those hearings were quickly scheduled, and they were quite extensive. At the time, it seemed like a ploy to run out the clock. Even more so as the hearings continued through the penultimate week of the session.

Funny thing, though: the more time passed, the more things seemed to shift entirely. By the end of last week, the momentum was clearly on H.98’s side. A House vote seemed certain and passage seemed likely, if not a sure thing. Monday’s public hearing was a chance for all parties to sound off, without actually affecting the process.

Which brings us to Tuesday, covered in my previous post. The Donahue amendment lost by the narrowest of margins, and then H.98 passed the House with ease.

This time, I’m here to explain why this happened. Not how it happened; you’d have to get John Campbell and Shap Smith into a rubber room and fill ’em full of truth serum to find that out. As for the why, here’s my two cents. Or three, if you prefer.

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Shumlin on vaccine exemption bill: No, but maybe, but yes, or possibly N/A

Today, State Health Commissioner Dr. Harry Chen testified before the House Health Care Committee on H.98, a bill that would do a number of things but most famously end the philosophical exemption to childhood vaccines.

I’ll be writing about that hearing in a while, but first… After the hearing, Chen spoke with a small pack of reporters: Dave Gram, Paris Achen, me. Most of the conversation was about Gov. Shumlin’s position on H.98. And as Gram and Achen have reported, Chen characterized the Governor as “neutral” on the bill.

Which in itself was news, because in 2012 Shumlin blocked a bill to end the philosophical exemption. Instead, he supported a bill to improve data collection and educational efforts on vaccination.

Since then, he has said he wanted to allow time to let that law work before reopening the question. But this year he hasn’t closed the door to ending the philosophical exemption; he’s just expressed a desire not to have the debate.

So here’s what Chen said today, and it goes beyond mere neutrality.

I think the Governor’s position is that he’s neutral; he understands that the Legislature has decided to take this up, and will support whatever comes out of this Legislature. And if there are other things, you should ask him, not me.

I read that as an affirmation that Shumlin will sign the bill if it reaches his desk.

Of course, it was only yesterday that Shumlin told reporters “I don’t expect the vaccination bill to get to me.” Profiles in courage?

Right now, the House is considering whether to concur with the Senate amendment that would eliminate the philosophical exemption. After three days of testimony, the Health Care Committee has scheduled a public hearing Monday at 5:30. The Legislature is scheduled to adjourn on Saturday the 16th. House leaders could hold a vote on H.98 next week; they could also decide to kick the can down the road and save the Governor the trouble of deciding where he stands.

The vicious circle of taxation rhetoric

Ah, spring. The buddling of the trees, the blossoming of the daffodils, the abrupt transition from shoveling snow to tending the yard.

And the annual flowering of complaints from conservatives, businesses, and Peter Shumlin about how Democrats want to tax everything. Look at all these tax proposals: sales tax on services, new limits on tax deductions, sugary beverage tax, candy, tobacco, payroll tax, development fees and farm-fertilizer taxes, plastic bag fee, fee hikes for various professions, tax on vending machines, and I’m sure I’m missing a few others.

Take them all together, and you have a picture of Montpelier liberals trying to squeeze the lifeblood out of our economy by taxing everything in sight.

There’s a problem with that. Nobody in Montpelier wants to “tax everything.” Not a single Democrat, not a single Progressive. Here’s the reality.

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Ethan Allen Institute: Follow the Money

Back on March 25, the Senate Natural Resources and Energy Committee held a public hearing on S.R.7, the “climate change resolution.” The only witness who stood in opposition was Vermont’s favorite crank, John McClaughry, founder and former President (now Vice President) of the Ethan Allen Institute.

You're being watched, Mr. McClaughry.

You’re being watched, Mr. McClaughry.

During his testimony, he said S.R.7 was part of a campaign by national climate advocacy groups “to put the skeptics on the defensive” and serve as a fundraising tool. By passing this resolution, he said, the Legislature would act as a “pawn” of those national groups.

Okay, well, since he brought up the idea of a national campaign and national organizations influencing Vermont politics, resolution sponsor Sen. Brian Campion asked him about the Ethan Allen Inistitute’s ties to the Koch brothers and their national network. McClaughry acknowledged a $50,000 grant from the Cato Institute “six years ago,” and he noted Cato’s ties to the Kochs. But otherwise?

I have never been aware that we got any money from the Koch Brothers or the Koch Foundation or Koch Industries, anything like that. And I’ve never had communication from any of those people urging me to, or urging our organization to fight against the climate change advocates. Never.

He went on to deny receiving funds from the State Policy Network, an umbrella organization with strong ties to the Kochs. SPN provides guidance and funding to free-market “think tanks” in each of the 50 states.

There’s a small problem and a big problem with McClaughry’s professions of independence.

The small problem: According to IRS filings, SPN gave EAI $24,930 in 2013.

I’ve been told, second-hand, that McClaughry later wrote to Campion apologizing for his misstatement. If I find out more about that, I’ll let you know.

That kinda-sorta takes care of the small problem. But it fails to address the big problem, which is:

Between 1998 and 2013, EAI received at least $572,260 from out-of-state donors with ties to the Koch brothers’ sprawling network of right-wing foundations. This network is designed to limit public disclosure and provide tax breaks for “charitable donations” that promote the political interests of wealthy conservatives. The network is also designed to give donors plausible deniability by laundering their donations while still giving them control over how their money is used.

Over the past ten years, EAI’s annual revenues have fluctuated between $132,000 and $201,000. So $572,280 is a whole lot of money by EAI standards.

My figures come from Conservative Transparency, a database that ” tracks the flow of money among conservative donors, advocacy groups, political committees, and candidates.”

It’s likely that EAI has received even more money from national conservative organizations, but legal disclosure standards are woefully weak. From the Conservative Transparency website:

Although most nonprofit organizations are required by law to report their outgoing grants to the Internal Revenue Service, they do not have to disclose the sources of their funding. As a result, the transactions in Conservative Transparency are based on information reported by the donors and exclude “dark money” raised by the recipients from unknown donors that are not in the database. The totals in each recipient’s “financial record” are based on a review of the recipient’s publicly available tax documents filed with the IRS.

CT lists 36 donations to EAI from out-of-state conservative groups between 1998 and 2013 (the most recent year for which filings are available), totaling $572,280. A lot of that money came, indirectly, from the Kochs, their organizations, and their fellow members of this broad conservative network.

These donations came from a handful of national foundations, all with strong alliances to the Kochs and their nonprofit empire. This network is designed to provide an appearance of independence, but there’s no doubt that the Ethan Allen Institute is in the Kochs’ orbit.

Here’s a list of EAI benefactors, with dollar figures from Conservative Transparency and descriptions from Sourcewatch.org.

Donors Capital Fund: $298,500. DCF and a related entity, DonorsTrust, “create separate accounts for individual donors, and the donors then recommend disbursements from the accounts to different non-profits. They cloak the identity of the original mystery donors because the funds are then distributed in the name of DT or DCF.

“The Koch brothers and other ultra-wealthy industrial ideologues appear to be cloaking an untold amount of their donations to conservative political outlets through DT and DCF.” One of Charles Koch’s big funds has given “only to Donors Capital Fund since 2005.”

The modus operandi of DCF provides plausible deniability to EAI and other recipients; they can assert with a straight face that they don’t get money from the Kochs. But they do benefit from the largesse of a money-laundering operation created by, and generously funded by, the Kochs.

The Roe Foundation: $95,000. Private foundation started by the late Thomas Roe, former chairman of the State Policy Network, a key cog in the Koch machine. (See below.) His foundation “continues to provide financial support to free-market policy groups across the country.”

The Jaquelin Hume Foundation. $63,000. The Foundation “‘supports free-market solutions to education reform’ and funds many conservative and libertarian organizations.” It has strong ties to the American Legislative Exchange Council (ALEC) and the State Policy Network.

The Cato Institute: $50,000. A “libertarian think tank founded by Charles Koch and funded by the Koch brothers.” Over the years, “the Koch family has donated more than $30 million to the organization.”

The State Policy Network. $24,930. SPN “has franchised, funded, and fostered… a web of right-wing ‘think tanks’ in every state across the country. It is an $83 million right-wing empire as of the 2011 funding documents from SPN itself and each of its state ‘think tank’ members.” SPN had its origins in the 1980s, but dramatically stepped up its activities in 1998.

“Fueled by robust funding from right-wing funders including the Koch brothers… SPN has grown rapidly in recent years. There were 12 original think tanks when SPN was founded. In 2013, there were 64 SPN member think tanks in all 50 states.”

Although SPN insists its members are “fiercely independent,” The New Yorker’s Jane Mayer has reported that SPN head Tracie Sharp “compared the organization’s model to that of IKEA.” Like IKEA, SPN “would provide the raw materials along with the services needed to assemble the products. …’Pick what you need,’ she said, ‘and customize it for what works best for you.’

“…  Sharp ‘also acknowledged privately that the organization’s often anonymous donors frequently shape the agenda. ‘The grants are driven by donor intent’ ..  [and] often ‘the donors have a very specific idea of what they want to happen.'”

The Chase Foundation of Virginia. $24,830. “the private foundation of investor Derwood Chase.” It gave nearly $900,000 to right-wing groups in 2011 alone. Its beneficiaries have included many of SPN’s state-based organizations.

The JM Foundation. $15,000. According to its own website, it was created by Jeremiah Milbank, who “was an ardent believer in individual liberty, limited government, and free markets.” It lists its top activity as “supporting education and research that fosters market-based policy solutions, especially at state think tanks.” Like, for instance, the Ethan Allen Institute and its SPN cohorts.

That’s it. The Ethan Allen Institute may be able to deny knowingly receiving money from the Kochs, but there’s no doubt that it is significantly dependent on out-of-state “foundations” with very strong Koch ties, and with Koch dollars providing much of their lifeblood.

Last time I wrote about EAI, I mentioned a Tweet that accused me of lying about its ties to the Kochs. I expect I’ll get an apology about the time Hell freezes over.